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 Post subject: Re: F40PH Preservation Sositey
PostPosted: Fri Feb 19, 2010 9:50 pm 

Joined: Thu Nov 22, 2007 5:46 am
Posts: 2611
Location: S.F. Bay Area
RSwinnerton wrote:
Rowan-
I know what you're going through with this and as someone who's working on similer projects, I can tell you that with only $500 in the treasury, you're going to have a tough time. I don't want to discourage you, but this is going to take a ton of money to complete. As was mentioned before, you'll also need a home. The major railroads will donate things to bona fide groups with proven track records, but will be leery about a few guys with no home base.

Oh, please! The Southern Michigan Railroad Society was started by three FIFTEEN YEAR OLD KIDS. They got Conrail to sell them the railroad and carry the paper at about 2/3 market interest. Of course, the railroad *was* their home.

So... iks-nay on the plash-water-on-new-ideas-say.

By the way, you should defer as long as possible filing your IRS Form 1023. The IRS recently raised their filing fee from $600 to $850 because people make so many errors on it. However they're building a "Form 1023 Automatic Web Filler-Outer Wizard" that will eliminate those mistakes, and when they do, the filing fee goes down to $200.

superheater wrote:
You need an attorney.


Dear God, no, you fricking don't. You need a Nolo Press book
http://www.amazon.com/gp/product/087337 ... 0873374517
and a brain on your shoulders willing to actually absorb what they are telling you and not just blow it off.

In other words you need a voracious appetite for wanting to know how to do this.

That will put you miles ahead of lawyers. Lawyers value their time way too much to actually do research, and as a result they often give bad advice. But it's "professional" bad advice, which is kind of like being "Kellogg's" brand corn flakes. Same stuff, but some people put value on the label.

Oh, and by the way, Bylaws are not copyrighted. If you find somebody else's bylaws that you like, feel free to rip voraciously from it. The Bylaws you posted are far, far too short. Get yourself a copy of Roberts Rules of Order Newly Revised 10th Edition
http://www.amazon.com/gp/product/073820 ... 0738203076
browse it, and also read other people's bylaws a lot.

(don't use the wrong version of Robert's Rules. Newly Revised 10th Edition is the one you want, yes, I know it's $5 more.)
Quote:
You don't want to have an improperly constituted corporation out of the box. Pay the tribute demanded.

Wow, you've never had a lawyer let you down, have you?

Here's the thing. If he wants his corporation to actually remain a corporation, hiring a lawyer gives a false sense of security. Even if the lawyer does right, he could walk out of that office and immediately do something st00pid to void the corporate status and get himself in tax trouble. He has to actually understand, himself, what makes a corporation a corporation (and not something else). That's learning he has to do on his own. It's sheer fracking stupidity to hire a $275/hour tutor. Nolo Press is your friend. The web is your friend too.


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 Post subject: Re: F40PH Preservation Sositey
PostPosted: Fri Feb 19, 2010 10:55 pm 
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Joined: Fri Oct 24, 2008 9:05 pm
Posts: 1130
Location: MA
My Clerk says his mother is a tax attorney so I see how that will go. As for a place to put the F40PH I have a place in mind that is connected to a main line railroad, and the people there know that I want to put a F40PH there, but I am going to have to play this out just right so I won't mention any names or locations.


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 Post subject: Re: F40PH Preservation Sositey
PostPosted: Sat Feb 20, 2010 1:01 am 

Joined: Thu Nov 22, 2007 5:46 am
Posts: 2611
Location: S.F. Bay Area
You'll want to own that location lock stock and barrel. Nothing but woe and misery comes from being somebody with no place to put a locomotive. Look at Dick Jensen.

Everybody, and I do mean everybody, puts "collect equipment" far ahead in priorities to "have a place to store it". Even in the history of the truly great railway museums - IRM, OERM, BAERA, heck, Project 1225 -- this is a recurring theme. I would say, probably 30% of the total resources going into railway preservation get wasted dealing with that problem.


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 Post subject: Re: F40PH Preservation Sositey
PostPosted: Sat Feb 20, 2010 1:16 am 
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Posts: 1130
Location: MA
When I have a regerstered non-profit that will show that I am in it for the long run then I will officeally put forth my plans to the originazation whos place I want to put a F40PH board of directors.


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 Post subject: Re: F40PH Preservation Sositey
PostPosted: Sat Feb 20, 2010 5:48 am 

Joined: Wed Aug 20, 2008 8:32 pm
Posts: 198
Robert-
My comments were in no way ment to belittle Rowan's efforts, but being able to explain your plans beyond "We want an F40" is of paramount importance in gathering interest in the project. If you're able to explain most of the how/what/where of the project, more people will consider this a credable organisation. Unfortunately, too many people go off full steam ahead on a project only to hit the wall because they don't have a plan. As Rowan has yet to share his plans here, I can't tell how planned the project is, which is why I asked the questions. I also never brought into question the ages of those involved in the F40 group. Who cares? As long as there's a bullet proof plan, the drive to carry it out and the means ($) to make it happen, age is just a number. What concerns me is the complaining of only having $500 in the treasury coupled with the limited interest. If simply getting the 501c3 is a major financial hurdle, how in the heck is the group going to care for a locomotive??? Also, with almost no money and no clear and concise restoration/fundraising/interprative plan, no railroad in their right mind will let the group keep their locomotive there. Too many shortlines and museums have got someone else's rusty junk taking up space and the owner can't/won't do anything with their equipment and the railroad/museum can't sell or scrap it so it sits and rots.

So, my questions stand. If Rowan chooses not to answer them at this time, so be it. Its his group and he can do what he wants with it and run it as he sees fit. I for one, however, refuse to support any cause that can't explain its plan to me in detail. and (this isn't directed at you, Rowan) there are entirely too many whack jobs and daisy pickers in this hobby and as such, many people will steer clear of upstarts like this until a plan is in place.

Russ


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 Post subject: Re: F40PH Preservation Sositey
PostPosted: Sat Feb 20, 2010 12:26 pm 

Joined: Thu Nov 22, 2007 5:46 am
Posts: 2611
Location: S.F. Bay Area
RSwinnerton wrote:
Robert-
My comments were in no way ment to belittle Rowan's efforts, but being able to explain your plans beyond "We want an F40" is of paramount importance in gathering interest in the project. If you're able to explain most of the how/what/where of the project, more people will consider this a credable organisation. Unfortunately, too many people go off full steam ahead on a project only to hit the wall because they don't have a plan. As Rowan has yet to share his plans here, I can't tell how planned the project is, which is why I asked the questions. I also never brought into question the ages of those involved in the F40 group. Who cares? As long as there's a bullet proof plan, the drive to carry it out and the means ($) to make it happen, age is just a number. What concerns me is the complaining of only having $500 in the treasury coupled with the limited interest.

Oh yes, I do agree with everyting you said. Sorry if it seemd like I was jumping on your case. I just think starting with an expensive legal bill is a way not to get off the ground.


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